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No.  400. 
AN  ACT 

Regulating  certain  political  parties ;  providing  for  and  regulating 
the  nomination  of  candidates  of  such  political  parties  for 
certain  public  offices,  the  election  of  delegates  and  alternate 
delegates  to  National  party  conventions,  and  of  certain  party 
officers,  including  State  committeemen;  a  method  whereby 
electors  of  such  political  parties  may  express  their  choice 
of  candidates  for  the  office  of  President  of  the  United  States ; 
and  the  payment  by  the  several  counties,  and  their  reimburse- 
ment by  the  State,  of  the  expenses  of  the  same;  authorizing 
the  State  committee  of  a  political  party  to  make,  and  to  alter, 
amend,  and  revoke,  rules;  and  providing  penalties  for  the  viola- 
tion of  the  provisions  of  this  act,  and  for  the  punishment  of 
certain  offenses  provided  for  herein ;  and  repealing  inconsistent 
legislation . 

Section  1.  Be  it  enacted,  &c,  That  hereafter  all 
candidates  of  political  parties,  as  herein  denned,  for 
the  office  of  United  States  Senator,  for  the  office  of 
Representative  in  Congress,  for  all  elective  State, 
county,  city,  ward,  borough,  township,  school  district, 
and  election  division  or  district  offices,  and  for  all 
other  elective  public  offices  except  that  of  presidential 
elector,  shall  be  nominated,  and  delegates  and  alternate 
delegates  to  National  party  conventions  and  State  com- 
mitteemen shall  be  elected,  at  primaries  held  in  accord- 
ance with  the  provisions  of  this  act,  and  in  no  other 
manner.  xVll  such  party  officers  as  are  required  by  the 
rules  of  the  several  political  parties  to  be  elected  by 
the  vote  of  the  party  electors  shall  be  elected  at 
primaries  held  in  accordance  with  the  provisions 
of  this  act,  excepting  members  of  the  National  com- 
mittee, who  shall  be  elected  as  hereinafter  provided. 
In  the  years  when  candidates  for  the  office  of  Presi- 
dent of  the  United  States  are  to  be  nominated,  every 
qualified  elector  of  a  political  party,  herein  denned  to 
be  a  political  party  within  the  State,  shall  have  op- 
portunity at  the  primaries  held  in  such  years,  subject 
to  the  provisions  of  this  act,  to  vote  his  preference  for 
one  person  to  be  the  candidate  of  his  political  party  for 
President  This  act  shall  not  apply  to  the  nomination 
of  candidates  to  be  voted  for  at  special  elections  to  fill 
vacancies  except  when  such  special  election  is  held 
at  the  time  of  a  regular  election  and  such  vacancy  oc- 
curred or  existed  at  least  sixty  days  prior  to  the  regu- 
ar  primary  antecedent  to  such  regular  election;  an  J 
lothing  herein  contained  shall  prevent  any  body  of 
Sectors  not  constituting  a  political  party  from  nomi- 
nating candidates  by  nomination  papers,  as  is  now  or 
nay  hereafter  be  provided  by  law. 
The  State  committee  of  each  political  party  may 
lake  such  rules  for  the  government  of  such  State  coni- 
littee,  not  inconsistent  with  law,  as  it  may/leem  ex- 


fT 


A 


How    candidates 
shall  be   nomi- 
nated. 


Party  officers. 


May  vote  for 
preference  for 
President. 


Nomination   pa- 
pers. 


Parly    rules. 


■fc93V84 


1*<* 


¥> 


National    Com- 
mittee. 


State     Committee. 


Organization    of. 


Election   of. 


Proviso. 


Vacancies. 


pedient;  and  may  also  revoke  or  alter  or  amend,  in 
any  manner  not  inconsistent  with  law,  any  present  or 
future  rules  of  such  State  committee. 

National  committeemen  shall  be  elected  by  the  State 
committee  of  each  respective  party,  unless  the  rules 
of  the  National  party  otherwise  provided;  in  which 
case  they  shall  be  elected  in  the  manner  provided  by 
the  rules  of  the  National  party,  and  all  State  com- 
mitteemen shall  be  elected  by  Senatorial  districts. 
Each  Senatorial  district  shall  be  entitled  to  elect  two 
members  of  the  State  committee,  except  where  a  Sen- 
atorial district  is  composed  of  more  than  one  county 
or  part  of  a  county;  in  which  event  the  electors  re- 
siding in  each  county  or  part  of  a  county  embraced 
in  the  said  senatorial  district  shall  be  entitled  to  elect 
one  State  committeeman.  The  State  committeemen  thus 
elected  shall  meet  for  organization  not  later  than  the 
third  Wednesday  following  their  election,  at  such 
hour  and  place  as  shall  be  designated  by  the  State 
chairman  of  each  respective  party.  The  said  State 
committeemen  shall  be  elected  at  the  fall  primary  in 
the  year  one  thousand  nine  hundred  and  thirteen,  and 
shall  hold  office  until  their  successors  are  duly  elected 
and  qualified  at  the  spring  primary  of  the  year  one 
thousand  nine  hundred  and  fourteen:  Provided  how- 
ever, That  where  the  existing  rules  of  a  party  provide 
for  the  election  of  State  committeemen  by  the  county 
committeemen  of  the  respective  counties,  in  the  year 
one  thousand  nine  hundred  and  thirteen  the  State 
Committeemen  so  elected  shall  serve  until  their  suc- 
cessors are  duly  elected  and  qualified  under  the  pro- 
visions of  this  act  at  the  spring  primary  in  the  year 
one  thousand  nine  hundred  and  fourteen.  Thereafter 
the  said  State  committeemen  of  all  parties  shall  be 
elected  at  the  spring  primary. 

Vacancies  happening  at  any  time  in  the  office  of 
National  committeeman  shall  be  filled  by  the  State 
committee  of  the  respective  party,  unless  the  rules  of 
the  National  party  otherwise  provide;  in  which  case 
vacancies  shall  be  filled  in  the  manner  provided  by  the 
rules  of  the  National  party. 

Vacancies  happening  at  any  time  in  the  office  of 
State  committeeman  shall  be  filled  by  the  city  or 
county  committee  of  the  respective  parties:  Provided, 
That  when  said  vacancy  occurs  in  a  county  composed 
of  more  than  one  Senatorial  district,  the  members 
of  the  city  or  county  committee  embraced  within  the 
Senatorial  district  in  said  county  shall  elect  said  com- 
mitteeman ;  and  when  a  vacancy  occurs  in  a  Senatorial 
district  composed  of  more  than  one  county  or  part  of 
a  county,  the  members  of  the  county  committee  em- 
braced within  said  county  or  part  of  a  county  shall 
elect  said  committeeman. 


3 


Section  2.  Any  party  or  body  of  electors,  one  of 
whose  candidates  at  the  general  election  next  preced- 
ing the  primary  polled  in  each  of  at  least  ten  counties 
of  the  State  not  less  than  two  per  centum  of  the  larg- 
est entire  vote  cast  in  each  of  said  counties  for  any 
elected  candidate,  and  polled  a  total  vote  in  the  State 
equal  to  at  least  two  per  centum  of  the  largest  entire 
vote  cast  in  the  State  for  any  elected  candidate,  is 
hereby  declared  to  be  a  political  party  within  the 
State ;  and  shall  nominate  all  its  candidates  for  any  of 
the  offices  provided  for  in  this  act,  and  shall  elect  its 
delegates  and  alternate  delegates  to  the  National  con- 
vention. State  committeemen,  and  also  such  party  of- 
ficers, including  members  of  the  National  committee,  as 
its  rules  provide,  shall  be  elected  by  a  vote  of  the  party 
electors  in  accordance  with  the  provisions  of  this 
act. 

Any  party  or  body  of  electors,  one  of  whose  can- 
didates at  either  the  general  or  municipal  election 
preceding  the  primary  polled  at  least  five  per  centum  of 
the  largest  entire  vote  cast  for  any  elected  candidate 
in  any  county,  is  hereby  declared  to  be  a  political  party 
within  said  county;  and  shall  nominate  all  its  candi- 
dates for  office  in  such  county  and  in  all  political  dis- 
tricts within  said  county,  or  of  which  said  county  forms 
a  part,  and  shall  elect  such  party  officers  as  its  rules 
provide  shall  be  elected  therein,  by  a  vote  of  the  party 
electors,  in  accordance  with  the  provisions  of  this  act. 

Section  3.  One  primary  shall  be  held  each  year,  in 
every  election  district  of  this  Commonwealth  in  which 
nominations  are  to  be  made,  or  delegates  and  alternate 
delegates  to  National  party  conventions,  State  com- 
mitteemen or  party  officers,  including  members  of  the 
National  committee,  are  to  be  elected  as  herein  pro- 
vided. The  said  primaries  shall  be  held  on  the  third 
Tuesday  of  September  in  all  odd-numbered  years,  and 
on  the  third  Tuesday  of  May  in  all  even-numbered 
years.  The  primary  held  on  the  third  Tuesday  of  Sep- 
tember shall  be  known  as  the  Fall  primary,  and  the 
primary  held  on  the  third  Tuesday  of  May  shall  be 
known  as  the  Spring  primary. 

Candidates  for  all  offices  to  be  filled  at  the  general 
election  shall  be  nominated  at  the  Spring  primary. 
Delegates  and  alternate  delegates  to  National  party 
conventions,  State  committeemen,  and  such  party  offi- 
cers, including  members  of  the  National  committee,  as 
are  required  by  the  rules  of  the  several  political  par- 
ties to  be  elected  by  a  vote  of  the  party  electors,  shall 
be  elected  at  the  Spring  primary,  except  as  otherwise 
provided  in  this  act. 

The  vote  for  candidates  for  the  office  of  President 
of  the  United  States,  as  herein  provided  for,  shall  be 
cast  at  the  Spring  primary. 


Definition    of 
political    party. 


Party 
State. 


within    the 


Party  within 
county. 


Primary. 


Date  of. 


Nominations  at 
the  Spring  pri- 
mary. 


Vote 
dent. 


for  Presi- 


Fall    primary. 


Notice  of  primary. 


Notices  designat- 
ing candidates  to 
be  elected. 


Notice  as  to 
delegates. 


Candidates  for  all  offices  to  be  filled  at  the  municipal 
election  shall  be  nominated  at  the  Fall  primary. 

Section  4.  On  or  before  the  ninth  Tuesday  preced- 
ing the  Spring  primary,  the  Secretary  of  the  Common- 
wealth shall  send  to  the  county  commissioners  of  each 
county  a  written  notice  designating  all  the  offices  for 
which  candidates  are  to  be  nominated  therein,  or  in 
any  district  of  which  such  county  forms  a  part,  or  in 
the  State  at  large,  at  the  ensuing  primary,  and  for 
the  nomination  to  which  candidates  are  required  to 
file  nomination  petitions  in  the  office  of  the  Secretary 
of  the  Commonwealth,  including  that  of  President  of 
the  United  States;  and  shall  also,  in  said  notice,  set 
forth  the  number  of  representatives  in  Congress  and 
officers  of  the  Commonwealth  to  be  elected  at  the  next 
succeeding  election  by  a  vote  of  the  electors  of  the  State 
at  large,  and  the  number  to  be  elected  by  a  vote  of  the 
electors  of  the  county  or  of  any  district  therein,  or  of 
any  district  of  which  such  county  forms  a  part. 

On  or  before  the  ninth  Tuesday  preceding  the  Fall 
primary,  the  Secretary  of  the  Commonwealth  shall 
send  to  the  county  commissioners  of  each  county  a 
written  notice  designating  ail  the  offices  for  which  can- 
didates are  to  be  nominated  therein,  or  in  any  district 
of  which  such  county  forms  a  part,  or  in  the  State  at 
large,  at  the  ensuing  primary,  and  for  the  nomination 
to  which  candidates  are  required  to  file  nomination 
petitions  in  the  office  of  the  Secretary  of  the  Common- 
wealth, and  designating  how  many  persons  are  to  be 
elected  to  such  offices,  respectively,  at  the  next  succeed- 
ing election;  and  also  designating  the  number  of  al- 
dermen and  justices  of  the  peace  to  be  nominated 
therein  at  the  ensuing  primary,  and  also  the  political 
divisions  in  which  said  aldermen  and  justices  of  the 
peace  are  to  be  nominated.  On  or  before  the  ninth 
Tuesday  preceding  the  spring  primary,  the  chairman 
of  the  State  committee  of  each  political  party  herein 
defined  to  be  a  political  party  within  the  State  shall 
send  to  the  county  commissioners  of  each  county  a 
written  notice,  setting  forth  the  number  of  delegates 
and  alternate  delegates  to  the  National  Convention  of 
such  party  who  are  to  be  elected  in  the  State  at  large 
at  the  ensuing  primary,  and  the  number  of  such  dele- 
gates and  alternate  delegates  who  are  to  be  elected  at 
said  primary  in  such  county,  or  in  any  district  of 
which  such  county  forms  a  part.  The  said  notice  shall 
also  set  forth  the  number  of  members  of  the  National 
committee,  if  any,  who,  under  the  National  party  rules, 
are  to  be  elected  at  the  said  primary  in  the  State  at 
large,  and  the  number  of  members  of  the  State  commit- 
tee to  be  elected  at  the  said  primary  in  such  county,  or 
in  any  district  of  which  such  county  or  part  thereof 
forms  a  part. 

On  or  before  the  ninth  Tuesday  preceding  the  Spring 


5 


primary,  the  chairman,  of  the  county,  and,  in  cases  Sutg0mmfiteae1J!nei1 
where  a  city  is  coextensive  with  a  county,  the  chair- 
man of  the  city  committee  of  each  party,  shall  send 
to  the  county  commissioners  of  such  county  a  writteu 
notice,  setting  forth  the  names  of  all  party  offices 
within  the  county  or  city  to  be  filled  by  election  at  the 
ensuing  primary. 

On  or  before  the  ninth  Tuesday  preceding  the  Fall  Duty  0f  secre- 
primary,  the  clerks  or  secretaries  of  the  various  cities,  taries- 
boroughs,  townships,  and  school  districts,  shall,  re- 
spectively, send  to  the  county  commissioners  of  their 
respective  counties  a  written  notice  setting  forth  the 
names  of  all  city,  borough,  township,  and  school  dis- 
trict offices  for  which  candidates  are  to  be  nominated 
at  the  ensuing  primary. 

Beginning  not  earlier  than  nine  weeks,  nor  later  than  Duties  of  county 

.    .    ,&  ,   °    ,      „  , ,  .  ,,  .         Commissioners. 

eight  weeks,  before  the  primary,  the  county  commis- 
sioners of  each  county  shall  publish  the  number  of  dele- 
gates and  alternate  delegates  to  the  National  conven- 
tion of  each  party  who  are  to  be  elected  in  the  State 
at  large  at  the  ensuing  primary,  and  the  number  of 
such  delegates  and  alternate  delegates  and  State  com- 
mitteemen who  are  to  be  elected  at  said  primary  in 
said  county,  or  in  any  district  of  which  such  county 
or  part  thereof  forms  a  part;  and  shall  also  publish 
the  names  of  all  offices  for  which  nominations  are  to  be 
made,  and  the  names  of  all  party  offices,  including  that 
of  members  of  the  National  committee,  if  any,  and  State 
committeemen,  for  which  candidates  are  to  be  elected 
at  said  primary  in  said  county,  or  in  any  district  of 
which  such  county  or  part  thereof  forms  a  part,  or 
in  the  State  at  large.  Said  notice  shall  contain  the 
date  of  the  primary,  and  shall  be  inserted  in  two  news- 
papers of  general  circulation  published  within  the 
county,  wherever  such  course  is  possible,  at  least  once 
each  week  for  three  successive  weeks.  Such  newspa- 
pers, so  far  as  practicable,  shall  be  representative  of 
the  two  different  political  parties  polling  the  highest 
vote  in  such  county  at  the  last  preceding  November 
election,  the  highest  vote  cast  within  the  county  for 
any  candidate  of  a  party  being  deemed  to  be  the  vote 
of  that  party. 

Section  5.  Official  primary  ballots  for  each  party  Primary  baiiota. 
shall  be  prepared  by  the  county  commissioners.  These 
ballots  shall  be  printed  on  white  paper  of  uniform 
quality,  and  shall  be  uniform  in  size,  style  of  printing, 
and  general  appearance.  The  ballot  for  each  party 
shall  be  in  the  following  form : — 


Publication. 


6 


Instructions. 


Primary  Ballot. 

(Name  of  Party). 

District,   Ward,  City  of   

County  of State  of  Pennsylvania. 

Primary  held  on  the day  of ,  19. . . 

Make  a  cross  (X)  in  the  square  to  the  right  of  each 
candidate  for  whom  you  wish  to  vote.  If  you  desire 
to  vote  for  a  person  whose  name  is  not  on  the  ballot, 
write  or  paste  his  name  in  the  blank  space  provided  for 
that  purpose. 


Form  of  balltt. 


President  of  the  United  States. 

(Vote   for    one) 

John   Doe, 

Richard  Roe,   

John  Stiles,   

United   States   Senator. 

(Vote   for   one) 

John   Doe,    '. 

Richard  Roe,   



John  Stiles,   

Governor. 

(Vote   for   one) 

John   Doe, 

Richard  Roe,   



John  Stiles,   

Representative  in  Congress  at  Large. 

(Vote  for ) 

John   Doe,    

Richard  Roe,   . 

John  Stiles,   

Representative  in   Congress . . . 

(Vote  for   one) 

. .  .District. 

John   Doe,    ^. 

Richard  Roe, 

John  Stiles,   

Delegate  at  Large  to  National  Convention. 

(Vote  for ) 

John   Doe,    

(Promises  to  support  popular  choice  of  party  in  the  State  for  President) 

John  Stiles,   

(Does   not   promise   to   support   popular   choice   of   party   in   the   State 

Delegate  to  National  Convention, . . .  District. 

(Vote   for ) 


John   Doe, 


'Promises   to  support   popular   choice  of   party   in district  for 

President) 


John  Stiles,   

(Does    not    promise    to    support    popular    choice    of    party    in. 
district   for    President),     


8 


State   Senator 

(Vote   for   one) 

.  District. 

John   Doe,    

Richard  Roe,   

John  Stiles,   

State  Committeeman. 

(Vote   for ) 


John  Doe, 


Richard  Roe, 


John  Stiles, 


District  Attorney. 

(Vote   for   one) 

John   Doe,    

Richard  Roe, 

John  Stiles,   . 

Party  Committeemen. 

(Vote  for ) 


John   Doe, 


Richard  Roe, 


John  Stiles, 


Under  each  group  of  names  of  candidates  shall  be 
printed  as  many  blank  spaces,  denned  by  light  lines 
or  rules  three-eighths  of  an  inch  apart,  as  there  are 
to  be  candidates  nominated  for  such  office. 

On  the  back  of  such  ballot  shall  be  printed  in  promi- 
nent    type    the    Words,    "Official    primary    ballot    of 

Party,"  and  there  shall  also 

appear  on  the  back  of  such  ballot  the  facsimile  signa- 
tures of  the  county  commissioners  of  the  county. 

The  ballot  shall  vary  in  form  only  as  the  names  of 
districts,  offices,  candidates,  or  the  provisions  of  this 
act  may  require.  The  names  of  candidates  shall  ap- 
pear in  alphabetical  order  under  the  respective  offices. 

Opposite  or  under  the  name  of  each  candidate,  ex- 
cept candidates  for  the  office  of  President  of  the  United 
States,  who  is  to  be  voted  for  by  the  electors  of  more 
than  one  county,  shall  be  printed  the  name  of  the 
county  in  which  such  candidate  resides;  and  opposite 
or  under  the  name  of  each  candidate  who  is  to  be  voted 
for  by  the  electors  of  an  entire  county,  or  any  Con- 
gressional, Senatorial,  or  Representative  district 
within  the  county,  shall  be  printed  the  name  of  the 
township,  borough,  or  ward,  and  city,  as  the  case  may 
be,  in  which  such  candidate  resides. 

The  voter  may  designate  his  choice  as  is  indicated  by 
the  instructions  shown  on  the  form  of  ballot  above  set 
forth.  If  he  shall  vote  for  more  persons  for  any  office 
than  there  are  candidates  to  be  nominated  or  elected 
for  such  office,  or  if  for  any  reason  it  may  be  impossible 
to  determine  his  choice  for  any  office,  his  ballot  shall 
not  be  counted  for  such  office,  but  the  rest  of  his  bal- 
lot if  properly  marked  shall  be  counted.  No  ballot 
shall  be  rejected  for  any  technical  error  which  does 
not  render  it  impossible  to  determine  the  voter's  choice. 

Section  6.  Tbe  names  of  candidates  for  nomination 
as  President  of  the  United  States,  and  the  names  of  all 
other  party  candidates,  shall  be  printed  upon  the  offi- 
cial ballot  of  a  designated  party,  upon  the  filing  of  nom- 
ination petitions  in  their  behalf,  signed  by  qualified 
electors  of  the  State,  or  of  the  political  district  or 
division,  as  the  case  may  be,  within  which  the  nomina- 
tion is  to  be  made  or  election  is  to  be  held,  and  the  fil- 
ing of  affidavits  by  the  candidates  as  provided  in  this 
act;  and  the  names  of  no  candidates  shall  be  printed 
upon  an  official  ballot  of  a  political  party,  to  be  used 
at  any  primary,  unless  such  petitions  shall  have  been 
filed,  and  unless  such  candidates,  except  they  be  candi- 
dates for  the  office  of  President  of  the  United  States, 
shall  have  filed  affidavits,  as  hereinafter  provided. 

(a)  Each  signer  of  a  nomination  petition  shall  sign 
but  one  such  petition  for  each  office  to  be  filled,  and 
shall  declare  therein  that  he  is  a  member  of  the  party 
designated  in  such  petition:  Provided,  however,  That 
where  there  are  to  be  elected  two  or  more  persons  to 


Blank    spaces. 


Printing  on  back. 


Form. 
Names. 


Name  of  district. 


How   to  vote. 


Piling  of  nomina- 
tion   petition. 


Affidavit. 


Signers   may  not 
sign  more  than 
one  petition   for 
same  office. 


10 


the  same  office,  each  signer  may  sign  petitions  for  as 
many  candidates  for  such  office  as,  and  no  more  than, 
he  could  vote  for  at  the  succeeding  election.  He  shall 
also  declare  therein  that  he  is  a  qualified  elector  of  the 
county  therein  named;  and,  in  case  the  nomination  is 
not  to  be  made  or  candidates  are  not  to  be  elected  by 
the  electors  of  the  State  at  large,  of  the  political  dis- 
trict or  division  therein  named,  in  which  the  nomina- 
tion is  to  be  made  or  the  election  is  to  be  held.  He 
shall  add  his  occupation  and  residence,  giving  city, 
borough,  or  township,  with  street  and  number,  if  any, 
and  shall  also  add  the  date  of  signing.  No  nomination 
signing,  petition  shall  be  circulated  prior  to  sixty  (60)  days 
before  the  last  day  on  which  such  petition  may  be  filed, 
and  no  signature  shall  be  counted  unless  it  bears  date 
within  sixty  (60)  days  of  the  last  day  for  filing  the 
same. 

-Said  nomination  petition  may  be  on  one  or  more 
sheets,  and  different  sheets  must  be  used  for  signers 
resident  in  different  counties.  Each  sheet  shall  have 
appended  thereto  the  affidavit  of  some  person, — not 
necessarily  a  signer  and  not  necessarily  the  same  per- 
son on  each  sheet, — setting  forth  that  the  affiant  is  a 
qualified  elector  of  the  State,  or  of  the  political  dis- 
trict or  division,  as  the  case  may  be,  referred  to  in 
said  petition;  his  residence,  giving  city,  borough,  or 
township,  with  street  and  number,  if  any;  that  the 
signers  signed  with  full  knowledge  of  the  contents  of 
the  petition;  that  their  respective  residences  are  cor- 
rectly stated  therein ;  that  they  all  reside  in  the  county 
named  in  the  affidavit,  and  that  each  signed  on  the  date 
set  opposite  his  name ;  and  that  to  the  best  of  affiant's 
knowledge  and  belief  the  signers  are  qualified  electors 
and  members  of  the  designated  party  of  the  State,  or 
of  the  political  district  or  division,  as  the  case  may  be. 

(b).  Each  candidate  for  any  State,  county,  or  city 
office  shall  tile,  with  his  nomination  petition,  his  affi- 
davit stating  his  residence,  with  street  and  number,  if 
any,  and  his  postoffice  address,  his  election  district, 
the  name  of  the  office  for  which  he  consents  to  be  a 
candidate,  that  he  is  eligible  for  such  office,  and  that  he 
will  not  knowingly  violate  any  election  law,  or  any 
law  regulating  and  limiting  nomination  and  election 
expenses  and  prohibiting  corrupt  practices  in  connec- 
tion therewith:  Provided,  That  in  no  event  shall  any 
person's  name  be  printed  upon  the  official  ballot  of  any 
party  as  a  delegate,  State  committeeman,  National 
committeeman,  or  party  officer,  unless  he  is  a  qualified 
elector  of  said  party. 

In  the  case  of  a  candidate  for  nomination  as  Presi- 
dent of  the  United  States,  it  shall  not  be  necessary 
for  such  candidate  to  file  the  affidavit  required  in  this 
section  to  be  filed  by  candidates,  but  the  postoffice  ad- 


11 

dress  of  such  candidate  shall  be  stated  in  such  nomi- 
nation petition. 

(c).  Each  candidate  for  election  as  delegate  or  al- 
ternate delegate  to  a  National  party  convention  may 
include,  with  his  affidavit,  the  statement  hereinafter 
set  forth  in  this  section ;  but  his  failure  to  include  such 
statement  shall  not  be  a  valid  ground,  on  the  part  of 
the  Secretary  of  the  Commonwealth,  for  refusal  to 
receive  and  file  his  nomination  petition.  Such  state- 
ment, if  any  be  made,  shall  be  in  substantially  the  fol- 
lowing form : 

Delegate's  Statement. 

I  hereby  declare  to  the  voters  of  my  political  party  in 
the  (here  insert  "State  of  Pennsylvania"  if  a  delegate  statement  of 
or  alternate  delegate  at  large ;  otherwise,  insert  " . . . .    delesate- 

District")  that  if  elected  and 

in  attendance  as  a  delegate  to  the  National  convention 
of  the  party,  I  shall  with  all  fidelity,  to  the  best  of  my 
judgment  and  ability,  in  all  matters  coming  before  the 
convention,  support  that  candidate  for  President  of 
the  United  States  who  shall  have  received  the  highest 
number  of  votes  cast  in  the  (here  insert  "State"  if  a  . 
delegate  or  alternate  delegate  at  large;  otherwise,  in- 
sert " District")   by  the  voters  of 

my  party  for  said  office  at  the  ensuing  primary,  and 
shall  use  all  honorable  means  within  my  power  to  aid 
in  securing  the  nomination  for  such  candidate  for 
President. 


(Signature  of  candidate  for  delegate  or  alternate 
delegate). 

On  the  ballot  used  at  a  primary,  after  or  under  the 
name  of  each  candidate  for  delegate  or  alternate  dele- 
gate to  a  National  party  convention,  shall  appear  the 
words,  "Promises  to  support  popular  choice  of  party  in 
the  (here  insert  "State"  if  a  delegate  or  alternate  dele- 
gate at  large;  otherwise,  insert  " District") 

for  President,"  or  "Does  not  promise  to  support  popu- 
lar choice  of  party  in  the  (here  insert  "State"  if  a 
delegate  or  alternate  delegate  at  large ;  otherwise  insert 

" District")   for  President"  according  as  if 

the  candidate  included,  or  failed  to  include,  the  above 
statement  with  his  affidavit. 

Section  7.  The  nomination  petitions  in  the  case  of 
candidates  for  the  office  of  President  of  the  United  Filing  of  petltions* 
States,  Senator  of  the  United  States,  member  of  the 
House  of  Representatives  of  the  United  States,  for 
all  State  offices,  for  the  office  of  delegate  or  alternate 
delegate  to  a  National  party  convention,  and  for  the 
office  of  member  of  the  State  or  National  committee, 
shall  be  filed,  at  least  four  weeks  prior  to  the  primary, 
with  the  Secretary  of  the  Commonwealth.     Nomina- 


12 


Number  of  signers 
for  President  or 
U.   S.    Senator. 


For    State   offices 
and    delegates. 


Members    of    Con- 
gress,   delegates, 
Judges,     Senators. 


Members    and 
county  officers. 


Other  offices. 


Causes   for   refus- 
ing petitions. 


Invalidity    of    any 
sheet. 


Application  for 
setting  aside  of 
petition. 


Procedure. 


tion  petitions  in  all  other  cases  shall  be  filed,  at  least 
three  weeks  prior  to  the  primary,  with  the  county 
commissioners  of  the  respective  counties. 

Nomination  petitions  of  candidates  shall  be  signed— 

(a).  If  for  the  office  of  President  of  the  Unite  1 
States  or  of  Senator  of  the  United  States,  by  at  least 
one  hundred  qualified  electors  in  each  of  at  least  ten 
counties  of  the  State. 

(b).  If  for  a  State  office,  to  be  filled  by  a  vote  of  the 
electors  of  the  State  at  large,  for  the  office  Of  Repre- 
sentative from  the  State  at  large  in  the  Congress  of  the 
United  States,  for  the  office  of  delegate  or  alternate 
delegate  at  large  to  a  National  party  convention,  or 
for  the  office  of  member  of  the  National  committee,  .by 
at  least  one  hundred  qualified  electors  in  each  of  at 
least  five  counties  of  the  State. 

(c).  If  for  the  office  of  a  member  of  the  House  of 
Representatives  of  the  United  States,  to  be  filled  by 
a  vote  of  the  electors  of  a  Congressional  district;  or 
of  delegate  or  alternate  delegate  to  a  National  party 
convention,  other  than  delegate  or  alternate  delegate  at 
large;  or  of  judge  of  any  court,  other  than  a  court 
whose  judges  are  to  be  elected  by  a  vote  of  the  electors 
of  the  State  at  large;  or  of  State  Senator,  by  at  least 
two  hundred  qualified  electors. 

(d).  If  for  the  office  of  a  member  of  the  State  House 
of  Representatives,  or  for  the  office  of  member  of  the 
State  Committee,  or  an  office  to  be  voted  for  by  the 
electors  of  the  entire  county,  by  at  least  one  hundred 
qualified  electors. 

(e).  If  for  the  office  of  inspector  of  election,  at 
least  five  qualified  electors. 

(f).  And  for  all  other  offices,  and  all  other  party 
offices,  by  at  least  ten  qualified  electors. 

Section  8.  No  nomination  petition  shall  be  refused 
or  set  aside  except  for — 

(a).  Material  error  or  defects  apparent  on  the  face 
thereof,  or  on  the  face  of  the  appended  or  accompany- 
ing affidavits;  or 

(b).  Material  alterations  made  after  signing,  with- 
out the  consent  of  the  signers;  or 

(c).  Want  of  a  sufficient  number  of  genuine  signa- 
tures of  persons  qualified,  with  respect  to  age,  sex,  resi- 
dence, and  citizenship,  to  be  electors. 

The  invalidity  of  any  sheet  of  a  petition  shall  not 
affect  the  validity  of  such  petition,  if  a  sufficient  peti- 
tion remains  after  eliminating  such  invalid  «heet. 

Application  to  set  aside  any  nomination  petition 
shall  be  by  petition  to  the  court  of  common  pleas  of 
the  county  in  which  such  nomination  petition  has  been 
filed,  setting  forth  specifically  the  matters  objected  to, 
and  must  be  filed  within  five  days  after  the  last  day 
for  filing  said  nomination  petition.  Upon  the  presen- 
tation of  such  a  petition  the  court  shall  make  an  order 


13 


fixing  a  time  for  hearing,  which  shall  not  be  later  than 
ten  days  after  the  last  day  for  filing  said  nomination 
petition,  and  specifying  the  time  and  manner  of  notice 
that  shall  be  given  to  the  candidate  named  in  the  nomi- 
nation petition  sought  to  be  set  aside. 

If  the  matters  objected  to  are  such  as  are  specified 
in  subdivision  (a)  of  this  section,  the  court  upon  hear- 
ing the  case  may,  in  its  discretion,  permit  amendments 
within  such  time  and  upon  such  terms  as  to  payment  of 
costs,  as  the  said  court  may  specify. 

In  case  the  petition  to  set  aside  a  nomination  pe- 
tition is  dismissed,  the  petitioner  shall  pay  the  whole  of 
the  costs  of  the  proceeding,  including  all  witness  fees. 

Section  9.  The  Secretary  of  the  Commonwealth,  im- 
mediately after  the  last  day  fixed  for  the  filing  of  said 
petitions  with  him,  shall  forward  to  the  county  com- 
missioners of  each  county  a  correct  list  of  candidates  of 
each  party  for  the  various  offices,  as  shown  in  such 
petitions,  with  their  respective  residences  and  post- 
office  addresses  as  shown  in  their  affidavits;  and  shall 
also,  at  the  same  time,  notify  the  said  candidates  by 
mail  that  their  names  have  been  so  certified  to  said 
county  commissioners.  In  the  case  of  each  candidate 
for  delegate  or  alternate  delegate  to  a  National  party 
convention,  the  Secretary  of  the  Commonwealth  shall 
certify  as  to  whether  such  candidate  has  included  with 
his  affidavit  the  statement  provided  for  in  subdivision 
(c)  of  section  six  of  this  act. 

The  county  commissioners  shall  have  on  file  in  their 
office,  on  and  after  the  Wednesday  preceding  the  pri- 
mary, open  to  public  inspection,  forms  of  the  ballots 
with  the  names  and  such  statements  and  notations  as 
may  be  required  by  the  provisions  of  this  act  printed 
thereon,  which  shall  be  used  in  each  election  district 
within  such  county. 

Section  10.  The  county  commissioners  shall  prepare, 
and  furnish  to  the  election  officers  for  use  at  the  pri- 
maries, as  many  official  ballots  of  each  party  as  are 
equal  to  double  the  largest  entire  vote  cast  for  any 
candidate  of  said  party,  within  the  election  district, 
at  any  of  the  last  three  preceding  general  elections: 
Provided,  That  the  county  commissioners,  upon  re- 
quest made  in  writing  by  any  candidate  of  any  party, 
within  four  weeks  prior  to  the  primary,  shall  furnish 
such  additional  number  of  ballots  in  any  election  dis- 
trict as  said  county  commissioners  may  deem  neces- 
sary. 

The  county  commissioners  shall  also  furnish  speci- 
men ballots  for  the  use  of  electors  at  the  polls,  equal 
in  number  to  one  fourth  the  whole  number  of  official 
ballots;  said  specimen  ballots  to  be  printed  on  colored 
paper,  and  to  be  of  the  same  size  and  form  as  the  of- 
ficial ballot. 

On  the  back  of  each  specimen  ballot  for  the  primary 
next  preceding  the  election  of  a  President  of  the  United 


Amendment    of 
petition. 


Costs. 


Duty   of   Secretary 
of  the  Common- 
wealth. 


Duties    of   County 
Commisioners. 


To   furnish   official 
ballots. 


Specimen    ballots. 


14 


Ballots    to   be 
bound  in  books. 


County     Commis- 
sioners   shall    fur- 
nish   ballot    boxes, 
supplies,    etc. 


Provide    polling 
places,     etc. 


Regular  election 
boards    to    conduct 
primaries. 


Vacancies   in   elec- 
tion  boards. 


When  polls  shall 
be    open. 


Primaries  to  be 
conducted   like 
general    elections. 


No   assistance 
permitted. 


Exception. 


States,  the  county  commissioners  shall  print  subdi- 
vision (c)  of  section  six  of  this  act. 

The  official  ballots  shall  be  bound  in  books  of  one 
hundred  each,  in  the  same  manner  as  ballots  at  elec- 
tions; and  shall  be  delivered  to  the  officers  of  election 
in  the  same  manner  as  ballots  are  or  hereafter  may 
be  required  by  law  to  be  delivered  to  officers  of  elec- 
tion, for  use  at  elections. 

The  county  commissioners  shall  prepare,  and  furnish 
to  the  election  officers  at  the  primaries,  such  ballot 
boxes,  properly  numbered  for  each  election  district, 
lists  of  voters,  forms, — including  forms  of  affidavits  for 
obtaining  assistance  in  marking  ballots,  and  for  voters 
challenged  as  to  identity,  party  membership,  residence, 
and  bribery, — blanks,  return  sheets,  blank  books,  and 
other  supplies  as  they  are  or  hereafter  may  be  required 
to  furnish  by  law,  to  said  officers  for  use  at  elections, 
and  shall  deliver  them  in  the  same  manner  as  at  elec- 
tions. The  said  supplies  shall  have  printed  upon  them 
appropriate  instructions,  and  shall  be  in  appropriate 
form  for  use  at  the  primaries.  They  shall  also  pro- 
vide for  the  opening  of  the  polling-places,  for  the  com- 
pensation of  the  owners  thereof,  shall  see  that  they 
are  in  proper  order  and  provided  with  voting  booths, 
as  at  elections. 

Section  11.  The  primaries  shall  be  conducted  by 
the  regular  election  boards  duly  elected  under  existing 
or  future  laws,  who  shall  receive  the  same  compen- 
sation for  their  services  as  they  receive  at  elections. 
Inspectors  of  elections  shall  have  the  right  to  appoint 
clerks  to  assist  them  as  at  elections,  who  shall  receive 
the  same  compensation  that  clerks  receive  for  such 
services  at  elections.  Vacancies  in  election  boards  shall 
be  filled  in  the  manner  now  provided  by  law.  Before 
entering  upon  their  duties  the  election  officers  and 
clerks  shall  be  sworn,  and  execute  written  oaths,  as 
is  now  required  by  law. 

The  polls  shall  be  open  between  the  hours  of  seven 
o'clock  ante  meridian  and  seven  o'clock  post  meridian. 
All  persons  licensed  to  sell  liquors,  either  at  whole- 
sale or  retail,  or  as  bottlers,  shall  be  compelled  to  keep 
their  places  of  business  closed,  on  said  days  for  hold- 
ing said  primary,  only  between  the  hours  of  six  o'clock 
ante  meridian  and  eight  o'clock  post  meridian. 

Primaries  shall  be  conducted  in  conformity  with 
the  laws  governing  the  conduct  of  general  elections, 
in  so  far  as  the  same  are  not  modified  by  the  provi- 
sions of  this  act  or  are  not  inconsistent  with  its  terms : 
Provided,  That  no  elector  shall  be  permitted  to  receive 
any  assistance  in  marking  his  ballot,  unless  he  shall 
first  make  an  affidavit  that  he  cannot  read  the  names 
on  the  ballot,  or  that  by  reason  of  physical  disability 
he  is  unable  to  mark  his  ballot. 

Section  12.     The  county  commissioners  shall  keep 


15 


an  accurate  account  of  the  entire  expense  of  holding  p^JSUIg. of 
such  primaries,  including  the  preparation  and  delivery 
of  supplies,  voting  materials,  et  cetera,  and  the  total 
amount  shall  be  paid,  in  the  first  instance,  by  the 
county  treasurer,  upon  the  order  of  the  county  com- 
missioners. As  soon  as  convenient  thereafter,  the 
county  commissioners  shall  prepare  an  itemized  state-  Payment  of. 
ment  of  the  amount  so  paid,  verified  by  oath,  and  send 
the  same,  accompanied  by  the  receipted  vouchers,  to 
the  Auditor  General,  who,  if  he  finds  the  same  correct, 
shall  draw  a  warrant  on  the  State  Treasurer,  for  the 
proper  county,  for  the  amount  so  approved,  which  shall 
be  paid  by  the  State  Treasurer  out  of  the  money  in 
the  State  Treasury  appropriated  for  said  purpose. 

Section  13.  The  qualifications  of  electors  entitled  Qualifications  of 
to  vote  at  a  primary  shall  be  the  same  as  the  qualifica-  voters- 
tions  of  electors  entitled  to  vote  at  elections,  within  the 
election  district  where  the  primary  is  held ;  except  that, 
with  respect  to  the  payment  of  taxes,  it  shall  be  suffi- 
cient if  an  elector  shall  have  paid  within  two  years 
before  the  next  succeeding  election  a  State  or  county 
tax,  which  shall  have  been  assessed  at  least  two  months 
before  the  said  election  and  paid  on  or  before  the  day 
of  the  primary,  and,  in  cases  where  personal  regis- 
tration is  required,  on  or  before  the  registration  day  Registration- 
on  which  the  elector  registers.  Each  elector  shall 
prove  his  qualifications  and  his  identity  in  the  same 
manner  in  which  electors  in  the  election  district  in 
which  he  offers  to  vote  are,  or  hereafter  may  be,  re- 
quired by  law  to  prove  their  qualifications  or  iden- 
tity on  election  day,  and  may  be  challenged  as  at  elec- 
tions. 

Each  elector  shall  have  the  right  to  receive  the  bal- 
lot of  the  party  for  which  he  asks:  Provided,  That,  if 
he  is  challenged,  he  shall  be  required  to  make  oath  or  oath, 
affirmation  that,  at  the  last  proceding  election  at  which 
he  voted,  he  voted  for  a  majority  of  the  candidates  of 
the  party  for  whose  ballot  he  asks. 

If  such  last  preceding  election  at  which  such  elector  PregidentIal 
voted  was  a  general  election,    at    which  Presidential  electors*1  defined  as 
electors  were  voted  for,  he  shall,  in  determining  the   tw0  candidates- 
number  of  candidates  for  which  he  voted  at  such  last 
preceding   election,   count   the   group   of   Presidential 
electors  as  two  candidates. 

Upon  executing  such  affidavit  the  voter  shall  be  en- 
titled to  receive  the  ballot  for  which  he  has  called, 
and  to  cast  his  vote  according  to  law.  If  he  is  unable 
or  unwilling  to  make  such  affidavit,  he  shall  be  denied 
the  right  to  receive  such  ballot,  but  he  shall  not  be 
deemed  thereby  to  be  guilty  of  any  violation  or  at- 
tempted violation  of  this  law. 

Section  14.  The  ballot  boxes,  lists  of  voters  (a  copy 
of  which  shall  be  posted  outside  of  the  polling-place), 
and  other  records  shall  be  delivered  into  the  custody 


Proof  of  identity. 


Challenge. 


Affidavit. 


16 


Election     officers. 


Counting  of  vote. 


Certification. 


Judge  of  elections. 


Canvassing    re- 
turns. 


Charges    of    fraud. 


Ballot  boxes  to  be 
opened. 


Duty   of    court. 


of  the  officers  who  are  or  hereafter  may  be  required  by 
law  to  keep  similar  records  of  elections. 

Upon  the  closing  of  the  polls  at  such  primary,  the 
election  officers  shall  forthwith  proceed  to  open  the 
ballot  boxes  and  take  therefrom  the  ballots,  and  first 
count  the  number  cast  for  each  party,  and  make  a 
record  thereof;  and  then  count  the  vote  cast  for  the 
different  persons  named  upon  said  party  ballots,  and 
make  a  record  thereof;  and,  when  said  count  is  finally 
completed,  they  shall  certify,  in  due  and  proper  form,  to 
the  number  of  votes  cast  for  each  person  upon  the  re- 
spective party  tickets.  They  shall  then  replace  the 
ballots,  so  counted  and  canvassed,  in  the  boxes,  and 
lock  the  same.  They  shall  then  place  all  stubs  and 
unused  ballots  in  an  envelope  or  package  to  be  fur- 
nished by  the  county  commissioners,  and  forthwith 
seal  the  same;  and  they  shall  also  place  the  returns  of 
votes  and  the  register  of  voters  aforesaid,  for  each 
party,  together  with  affidavits  made  pursuant  to  the 
provisions  of  this  act,  in  separate  envelopes,  and  forth- 
with seal  the  same.  All  of  said  envelopes  shall  then  be 
kept  by  the  judge  of  election,  and  shall,  on  or  before 
noon  of  the  Thursday  following,  be  deposited  by  him 
in  person,  or  by  registered  mail,  with  the  county  com- 
missioners, who  shall  on  the  succeeding  day,  at  noon, 
publicly  commence  the  computation  and  canvassing  of 
the  returns,  and  continue  the  same  from  day  to  day  un- 
til completed;  and  for  that  purpose  to  have  the  right 
to  petition  the  court  of  common  pleas  for  the  use  of 
its  processes  to  enforce  the  provisions  of  this  act  in 
relation  to  the  returns  of  the  election  officers. 

The  stubs  and  unused  ballots,  and  all  returns  of 
votes,  registers  of  voters,  and  affidavits,  returned  to 
the  county  commssiioners  as  aforesaid,  shall  be  care- 
fully preserved  by  them  for  a  period  of  at  least  one 
year. 

Section  15.  Upon  the  sworn  petition  of  five  quali- 
fied electors  of  any  election  precinct,  division,  or  dis- 
trict that  any  act  of  fraud  or  error,  which,  upon  infor 
mation  which  they  consider  reliable,  they  believe,  has 
been  committed  in  any  election  precinct,  division,  or 
district  of  the  county,  the  court  of  common  pleas  of  said 
county  shall  order  the  county  commissioners  to  open 
the  ballot  box  of  such  election  precinct,  division,  or 
district  and  recount  the  votes;  such  recount  to  be 
conducted  in  such  manner  and  under  such  condition 
as  the  court  shall  prescribe.  Any  person  aggrieved 
by  any  decision  of  the  county  commissioners  may  ap- 
peal therefrom,  within  ten  days  from  the  decision  of 
the  county  commissioners,  to  the  court  of  common 
pleas  of  the  proper  county,  whose  duty  it  shall  be  to 
hear  the  said  appeal.  The  court,  on  said  appeal, 
shall  have  full  power  and  authority  to  hear  and  de- 
termine all  matters  pertaining  to  any  fraud  or  error 


17 


Contests. 


Certification  of 
returns. 


Tabulation. 


committed  in  said  election  precinct,  division,  or  dis- 
trict, and  to  make  such  decree  as  right  and  justice  may 
require.  Contests  of  primaries  shall  be  originated  and 
conducted  as  in  cases  of  elections. 

Section  16.  The  county  commissioners  shall  make 
the  proper  certification  of  returns  of  votes  cast  for 
the  candidates  of  the  various  political  parties  for  nomi- 
nation for  the  office  of  President  of  the  United  States, 
Senator  of  the  United  States,  member  of  the  House  of 
Kepresentatives  of  the  United  States,  for  all  State  of- 
fices, for  the  office  of  delegate  and  alternate  delegate  to 
a  National  party  convention,  and  member  of  the  Na- 
tional committee  and  members  of  the  State  committee, 
to  the  Secretary  of  the  Commonwealth,  who  shall  tabu- 
late the  same,  and  shall  certify  to  the  county  com- 
missioners of  the  respective  counties  the  result  of  the 
computation  of  the  vote  for  all  such  offices  as  shall 
be  voted  for  at  the  succeeding  election,  at  least  thirty 
days  prior  to  the  date  of  such  election ;  and  shall  also 
certify,  within  said  time,  to  said  county  commissioners, 
the  names  of  the  Presidential  electors  chosen  and  cer- 
tified to  him  as  hereinafter  provided. 

The  Secretary  of  the  Commonwealth  shall  forth- 
with prepare  a  statement  from  said  returns,  showing 
the  total  number  of  votes  cast  in  the  State,  and  in 
each  Congressional  district  of  the  State,  for  each 
candidate  of  each  political  party  for  nomination  as 
President  of  the  United  States,  and  shall  make  pub- 
lic announcement  thereof.  He  shall  also,  forthwith, 
send  a  duplicate  of  such  statement  to  the  county  com- 
missioners of  each  county. 

The  Secretary  of  the  Commonwealth  shall  also,  forth- 
with, ascertain  from  said  returns  the  persons  in  each 
political  party  who  have  been  duly  elected  as  delegates 
and  alternate  delegates  to  the  National  convention  of  delegates 
such  party,  and  the  persons  in  each  party  who  have 
been  duly  elected  members  of  the  National  committee 
or  State  committee  of  the  party;  and  shall  forthwith 
issue  to  each  of  such  persons  a  certificate  of  election, 
which  certificate  of  election,  in  the  case  of  delegate  and 
alternate  delegate  to  a  National  party  convention,  shall 
show  the  number  of  votes  received  in  the  State,  or 
in  the  political  district  of  the  State,  as  the  case  may 
be,  by  each  candidate  of  such  delegate's  and  alternate 
delegate's  political  party  for  nomination  as  Presi- 
dent of  the  United  States.  The  Secretary  of  the  Com- 
monwealth shall  also  certify  to  the  State  chairman  of 
each  respective  party  the  votes  cast  for  each  candidate 
for  the  office  of  State  committeeman. 

Section  17.  Candidates  of  the  various  political  par- 
ties for  nomination  as  herein  provided  for,  except  for 
the  office  of  the  President  of  the  United  States,  who 
receive  a  plurality  of  votes  of  their  party  electors  in 
the  State,  or  in  the  political  district  or  division,    as 


Statement   of   Sec- 
retary of   the 
Commonwealth. 


Certification    of 


18 


Persons    receiving 
a  plurality  of 
votes  shall  be  the 
candidates. 


United    States 
Senator. 


Delegates. 


Political  Com- 
mittees. 


How    decided. 


the  case  may  be,  at  a  primary,  together  with  the  can- 
didates for  the  office  of  Presidential  elector  nomi- 
nated as  hereinafter  provided,  shall  be  the  candidates 
of  their  respective  parties,  and  it  shall  be  the  duty  of 
the  proper  officers  to  print  their  names  upon  the  official 
ballots  for  use  at  the  succeeding  election,  as  is  now  or 
may  hereafter  be  required  by  law. 

The  name  of  the  person,  in  each  political  party,  who 
receives  at  a  primary  a  plurality  of  the  votes  of  such 
party  in  the  State  at  large  for  United  States  Senator, 
shall  be  printed  upon  the  official  ballots  for  use  at  the 
succeeding  election  as  the  candidate  of  his  party  for 
said  office,  under  the  heading  "United  States  Senator." 

Candidates  of  the  various  political  parties  for  the 
office  of  delegate  and  alternate  delegate  at  large  to  a 
National  party  convention,  who  receive  a  plurality  of 
the  votes  of  their  party  electors  in  the  State  at  large, 
shall  be  the  duly  elected  delegates  and  alternate  dele- 
gates at  large  to  the  National  convention  of  their  re- 
spective parties.  Candidates  of  the  various  political 
parties  for  the  office  of  delegate  and  alternate  delegate, 
other  than  delegate  and  alternate  delegate  at  large, 
who  receive  a  plurality  of  the  votes  of  their  party  elec- 
tors in  the  political  district  or  division  in  which  they 
are  candidates,  shall  be  the  duly  elected  delegates  and 
alternate  delegates  to  the  National  convention  of  their 
respective  parties. 

Candidates  of  the  various  political  parties  for  the 
office  of  member  of  the  State  committee,  or  for  the 
office  of  member  of  the  National  committee,  in  cases 
where  the  rules  of  the  party  provide  that  such  office 
shall  be  filled  by  a  vote  of  the  party  electors,  who  re- 
ceive a  plurality  of  the  votes  of  the  party  electors  at  a 
primary,  shall  be  the  duly  elected  members  of  the  State 
or  National  committee,  as  the  case  may  be,  of  their  re- 
spective parties. 

Candidates  for  other  party  offices,  who  receive  a 
plurality  of  the  votes  of  the  party  electors  at  a  primary, 
shall  be  the  party  officers  of  their  respective  parties. 

In  case  of  a  tie,  the  candidates  receiving  the  tie  vote 
shall  cast  lots  before  the  county  commissioners  or  the 
Secretary  of  the  Commonwealth,  as  the  case  may  be, 
on  the  third  Friday  after  the  primary,  and  the  one  to 
whom  the  lot  shall  fall  shall  be  entitled  to  the  nomi- 
nation or  election:  Provided,  however,  That  in  any 
case  where  the  fact  of  a  tie  vote  is  not  authoritatively 
determined  until  after  the  third  Wednesday  after  the 
primary,  the  day  for  casting  lots  shall  be  the  second 
day  after  the  fact  of  such  tie  vote  is  authoritatively  de- 
termined. If  any  candidate  or  candidates  receiving  a 
tie  vote  fail  to  appear  before  twelve  o'clock  noon  on 
said  day,  the  county  commissioners  or  the  Secretary  of 
the  Commonwealth,  as  the  case  may  be,  shall  cast  lots 
for  him  or  them.    For  the  purpose  of  casting  lots  any 


19 


candidate  may  appear  in  person,  or  by  proxy  appointed 
in  writing. 

Where  a  nomination  petition  has  been  duly  filed  un- 
der the  provisions  of  this  act,  and  thereafter  and  be- 
fore the  day  of  the  primary  the  candidate  named  in 
said  petition  dies,  the  original  signers  of  said  peti- 
tion, or  the  majority  of  them,  may  sign  another  peti- 
tion proposing  a  new  candidate  for  said  office,  at  any 
time  prior  to  the  printing  of  the  ballot.  Said  petition 
filed  shall  have  the  same  force  and  effect  as  the  original 
petition. 

Vacancies  happening  or  existing  after  the  date  of  the 
primary  may  be  filled  in  accordance  with  the  party 
rules,  as  is  now  or  may  hereafter  be  provided  for  by 
law. 

Section  18.  The  nominee  of  each  political  party  for 
the  office  of  President  of  the  United  States  shall,  within 
thirty  days  after  his  nomination  by  the  National  con- 
vention, nominate  as  many  persons  to  be  the  candidates 
of  his  party  for  the  office  of  Presidential  elector  as  the 
State  is  then  entitled  to.  If,  for  any  reason,  the  nomi- 
nee of  any  political  party  for  the  office  of  President  of 
the  United  States  fails  or  is  unable  to  make  the  said 
nominations  within  the  time  herein  provided,  then  the 
nominee  of  such  party  for  the  office  of  Vice-President  of 
the  United  States  shall,  as  soon  as  may  be  possible 
after  the  expiration  of  said  thirty  days,  make  the  nomi- 
nations. 

The  names  of  such  nominees,  with  their  post-office 
addresses,  shall  be  certified  immediately  to  the  Secre- 
tary of  the  Commonwealth  by  the  nominee  for  the  of- 
fice of  President  or  Vice-President,  as  the  case  may  be, 
making  the  nominations. 

Vacancies  happening  or  existing  after  the  date  of 
nomination  of  Presidential  electors  shall  be  filled  by 
the  nominee  for  the  office  of  President  or  Vice-Presi- 
dent making  the  original  nomination.  Nominations 
made  to  fill  vacancies  shall  be  certified  to  the  Secretary 
of  the  Commonwealth  in  the  manner  herein  provided  for 
in  the  case  of  original  nominations. 

Section  19.  Any  of  the  candidates  for  nomination, 
including  candidates  for  President  of  the  United  States, 
to  be  voted  for  at  a  primary  under  this  act,  may,  at  any 
time  before  four  o'clock  of  the  Friday  next  succeeding 
the  last  day  fixed  for  filing  nomination  petitions,  with- 
draw his  name  as  a  candidate,  by  a  request  in  writing, 
signed  by  him  and  acknowledged  before  a  notary  pub- 
lic or  justice  of  the  peace  and  filed  with  the  Secretary 
of  the  Commonwealth,  if  such  candidate  filed  his  nomi- 
nation petition  with  the  Secretary  of  the  Common- 
wealth, and  in  all  other  cases  with  the  county  commis- 
isoners. 

The  Secretary  of  the  Commonwealth,  upon  the  filing 


When    vacancy 
occurs    before 
primary. 


Vacancies   after 
primary. 


Candidates   for 
President  to  nomi- 
nate  electors. 


Certification    of 
nominees.  • 


Vacancies    Presi- 
dential   Electors. 


Withdrawal    of 
candidates. 


20 


Certification. 


Overseers    at    pri- 
mary. 


Watchers. 


Election   officers. 


Misdemeanor. 


Penalty.     Threaten 
watchers  or  over- 
seers  a   misdemea- 
nor. 


Unqualified  signers 
to    petitions 
guilty    of    misde- 
meanor. 


of  requests  for  withdrawal  in  the  manner  herein  pro- 
vided, shall  forthwith  certify  to  the  county  commis- 
sioners of  the  proper  county  a  correct  list  of  candi- 
dates filing  such  requests. 

Section  20.  Upon  the  petition  of  five  or  more  citi- 
zens, who  are  lawful  voters  of  any  election  district, 
setting  forth  that  the  appointment  of  overseers  is  a 
reasonable  precaution  to  secure  the  purity  and  fair- 
ness of  the  primary  in  said  district,  it  shall  be  the  duty 
of  the  court  of  common  pleas  of  the  proper  county,  in 
its  discretion,  to  appoint  two  overseers  of  election  in 
said  district,  who  shall  be  entitled  to  remain  within 
the  polling-place  during  the  casting  and  counting  of  the 
ballots. 

Section  21.  Each  candidate  shall  be  entitled  to  ap- 
point two  watchers  at  the  primary  in  each  election  dis- 
trict, division,  or  precinct  in  which  such  candidate  is 
to  be  voted  for,  who  shall  be  qualified  electors  of  the 
district,  division,  or  precinct.  Each  watcher  shall  be 
provided  with  a  certificate  from  the  county  commis- 
sioners, stating  his  name,  the  district  in  which  he  is 
authorized  to  act,  and  the  name  of  the  candidate  ap- 
pointing him,  and  shall  have  the  right  to  remain  in 
the  room  outside  of  the  enclosed  space.  Watchers 
shall  be  required  to  show  their  certificates,  when  re- 
quested to  do  so. 

In  any  election  officers  officiating  at  any  primary 
shall  refuse  to  permit  a  watcher  appointed  under  the 
provisions  of  this  act  to  be  present  as  herein  provided, 
such  officer  or  officers  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  sentenced  to  pay  a 
fine  not  exceeding  one  thousand  (f  1,000.00)  dollars,  or 
to  undergo  an  imprisonment  not  exceeding  one  year,  or 
both,  in  the  discretion  of  the  court. 

Section  22.  Any  person  or  persons  who,  by  vio- 
lence or  intimidation,  shall  threaten  or  drive  away  said 
watchers  or  overseers,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  sentenced  to  pay  a 
fine  not  exceeding  one  thousand  (f  1,000. 00)  dollars,  or 
to  undergo  imprisonment  for  a  period  not  exceeding  one 
year,  or  both,  in  the  discretion  of  the  court. 

Section  23.  If  any  person  shall  knowingly  and 
wilfully  sign  any  nomination  petition  without  being 
qualified,  with  respect  to  age,  sex,  residence,  and  citi- 
zenship to  be  an  elector  of  the  State,  or  of  the  politi- 
cal district  or  division,  as  the  case  may  be,  named  in 
said  petition,  and  a  resident  of  the  county  named  on  the 
sheet  which  he  signs ;  or  if  any  person  shall  set  opposite 
a  signature  on  a  nomination  petition  a  date  other  than 
the  actual  date  such  signature  was  affixed  thereto ;  or  if 
any  person  shall  set  opposite  a  signature  on  the  nomina- 
tion petition  a  false  statement  of  the  signer's  place  of 
residence;  or  if  any  person  shall  sign  more  nomination 


21 


Illegal    voting. 


petitions  than  permitted  by  the  provisions  of  this  act, —   Penalty. 
he  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  sentenced  to  pay  a  fine  of  not  more 
than  one  hundred  ($100.00)  dollars. 

If  any  person  shall  knowingly  make  a  false  state- 
ment in  any  affidavit  required  by  the  provisions  of  this 
act,  to  be  appended  to  or  to  accompany  a  nomination 
petition,  or  if  any  person  shall  fraudulently  sign  any 
name  not  his  own  to  any  nomination  petition,  or  if 
any  person  shall  fraudulently  alter  any  nomination  pe- 
tition without  the  consent  of  the  signers,  he  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  sentenced  to  pay  a  fine  of  not  more  than  five 
hundred  ($500.00)  dollars,  or  to  undergo  imprisonment  Penalty, 
for  not  more  than  one  year,  or  either  or  both,  at  the 
discretion  of  the  court. 

Any  person  who  shall  vote  or  attempt  to  vote  more 
than  once  at  a  primary  shall  be  guilty  of  a  misdemea- 
uor,  and  upon  conviction  thereof  shall  be  sentenced  to 
pay  a  fine  not  exceeding  five  hundred  ($500.00)  dollars, 
or  to  undergo  imprisonment  for  a  period  not  exceeding 
three  years,  or  either  or  both,  at  the  discretion  of  the 
court. 

Any  person  who  votes  or  attempts  to  vote  at  a  pri- 
mary, knowing  that  he  does  not  possess  the  qualifica- 
tions of  a  voter  at  such  primary  as  indicated  by  this 
act,  or  who  shall  have  unlawfully  in  his  possession  an 
official  ballot  outside  the  polling-place,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be 
sentenced  to  pay  a  fine  not  exceeding  one  thousand 
($1,000.00)  dollars,  or  to  undergo  an  imprisonment  for 
a  period  not  exceeding  one  year,  or  either  or  both,  in 
the  discretion  of  the  court. 

Any  voter  who,  for  the  purpose  of  securing  assist- 
ance in  marking  his  ballot,  shall  falsely  make  oath  or 
declare  that  he  cannot  read  the  names  on  the  ballot, 
or  that  by  reason  of  physical  disability  he  is  unable 
to  maPk  his  ballot;  or  who,  without  having  made  the  af- 
fidavit provided  for  in  this  act,  that  he  cannot  read  the 
names  on  the  ballot,  or  that  by  reason  of  physical  dis- 
ability he  is  unable  to  mark  his  ballot,  shall  permit 
another  to  accompany  him  into  the  voting  compartment, 
or  shall  permit  another  person  to  mark  his  ballot  for 
him;  or  any  person  who  shall  assist  a  voter  in  mark- 
ing his  ballot  contrary  to  the  provisions  of  this  act,  or 
who  shall  attempt  to  influence  the  vote  of  the  voter 
whom  he  is  assisting,  or  who  shall  mark  a  ballot  in 
any  other  way  than  that  requested  by  the  voter  whom 
he  is  assisting, — shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  sentenced  to  pay  a  fine 
not  exceeding  five  hundred  ($500.00)  dollars,  or  to 
undergo  imprisonment  for  a  period  not  exceeding  one 
year,  or  either  or  both,  at  the  discretion  of  the  court. 


False    statement 
in   affidavit. 


False  statement 
to  secure  assist- 
ance in  voting  a 
misdemeanor. 


Penalty. 


22 


Tolico    officer. 


Penalty. 


No  police  officer  in  commission,  whether  in  uniform 
or  in  citizens'  clothes,  shall  be  within  one  hundred 
feet  of  a  polling-place  during  the  conduct  of  a  pri- 
mary, unless  in  the  exercise  of  his  privilege  of  voting, 
or  for  the  purpose  of  serving  warrants,  or  in  case  of  dis- 
turbance of  the  peace;  and  any  police  officer  being  so 
present,  within  one  hundred  feet  of  a  polling- place,  dur- 
ing the  conduct  of  a  primary,  except  for  the  purposes 
specified,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  sentenced  to  pay  a  fine  not 
exceeding  five  hundred  ($500.00)  dollars,  or  to  undergo 
imprisonment  for  a  term  not  exceeding  one  year,  or 
either  or  both,  at  the  discretion  of  the  court, 
megai  assistance.  Any  person  who  shall  accompany  a  voter  into  a  vot- 
ing compartment  without  the  said  voter  having  first 
made  affidavit,  as  provided  in  this  act,  that  he  cannot 
read  the  names  on  the  ballot,  or  that  by  reason  of  phy- 
sical disability  he  is  unable  to  mark  his  ballot ;  or  who 
shall  accompany  a  voter  into  the  voting  compartment, 
when  the  affidavit  which  the  voter  has  made  is  false,  to 
the  knowledge  of  such  person ;  or  any  judge  of  election 
who  shall  fail  to  properly  file  and  return  affidavits  and 
other  papers,  required  by  this  act  or  by  law  to  be  filed 
and  returned  to  the  county  commissioners, — shall,  for 
each  such  offense,  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  sentenced  to  pay  a  fine  not 
exceeding  one  thousand  ($1,000.00)  dollars,  or  to  un- 
dergo imprisonment  for  a  period  not  exceeding  two 
years,  or  either  or  both,  at  the  discretion  of  the  court. 

Any  election  officer  who  permits  a  person  to  vote  at 
any  primary,  with  the  knowledge  that  such  person  is 
not  so  entitled  to  vote,  or  refuses  to  permit  any  law- 
fully entitled  elector  to  vote  at  such  primary,  with  the 
knowledge  that  such  person  is  entitled  to  vote,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  sentenced  to  pay  a  fine  not  exceeding  five  hun- 
dred ($500.00)  dollars,  or  to  undergo  imprisonment  for 
a  period  not  exceeding  three  years,  or  either  or  both,  at 
the  discretion  of  the  court. 

Any  election  officer  or  clerk  who  shall  be  guilty  of 
any  wilful  fraud  in  the  conduct  of  his  duties  at  a  pri- 
mary, or  who  shall  make  a  false  return  of  the  votes  cast 
at  such  primary,  or  who  shall  deposit  fraudulent  bal- 
lots in  the  ballot  box,  or  who  shall  certify  as  correct  a 
return  of  ballots  in  the  ballot  box  which  he  knows  to 
have  been  fraudulently  deposited  therein,  or  who  shall 
write  false  names  in  the  lists  of  voters  for  the  purpose 
of  concealing  the  deposit  of  such  fraudulent  ballots  or 
of  aiding  in  the  perpetration  of  such  fraud,  or  who  shall 
conspire  with  others  to  commit  any  of  the  offenses  here- 
in mentioned,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  sentenced  to  pay  a  fine 
not  exceeding  five  hundred  ($500.00)  dollars,  or  to  un- 


Penalty. 


Election   officers 
violating  law. 


Penalty. 


Misdemeanor. 


Penalty. 


23 


Penalty. 


Misdemeanor. 


dergo  imprisonment  for  a  period  not  exceeding  three 
years,  or  either  or  both,  at  the  discretion  of  the  court. 

Any  election  officer  who  refuses  to  permit  a  person  Misdemeanor. 
to  receive  the  party  ballot  for  which  he  asks,  after  hav- 
ing executed  the  affidavit  herein  provided  for,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  sentenced  to  pay  a  fine  not  exceeding  one  thou- 
sand ($1,000.00)  dollars,  or  to  undergo  an  imprison- 
ment not  exceeding  two  years,  or  either  or  both,  in  the 
discretion  of  the  court. 

Any  person  who  shall,  directly  or  indirectly,  give, 
or  promise  or  offer  to  give  any  gift  or  reward  in  money, 
goods,  or  other  valuable  thing,  to  any  person,  with  in- 
tent to  induce  him  to  vote  or  refrain  from  voting  for 
any  particular  candidate  or  candidates  at  any  primary ; 
or  shall,  directly  or  indirectly  procure  for,  or  offer 
or  promise  to  procure  for,  such  person,  any  such  gift  or 
reward,  with  the  intent  aforesaid;  or  shall,  with  the 
intent  to  influence  or  intimidate  such  person  to  give  his 
vote  or  to  refrain  from  giving  his  vote  for  any  particu- 
lar candidate  or  candidates  at  any  primary,  give  to  or 
obtain  for,  or  assist  in  obtaining  for,  or  offer  or  promise 
to  give  to  or  obtain  for,  or  assist  in  obtaining  for,  such 
person,  any  office,  place,  appointment,  or  employment, 
public  or  private;  or  threaten  such  person  with  dis- 
missal or  discharge  from  any  office,  place,  appointment, 
or  employment,  public  or  private,  then  held  by  him, — 
the  person  so  offending  shall  be  guilty  of  a  misdemeanor 
and  on  conviction  be  sentenced  to  pay  a  fine  not  ex- 
ceeding five  hundred  (f 500.00)  dollars,  or  to  undergo 
imprisonment  for  a  period  not  exceeding  three  years,  or 
either  or  both,  at  the  discretion  of  the  court. 

Except  as  modified  by  the  terms  of  this  act,  elec-  violations  of 
tion  officers  and  clerks  shall  be  subject  to  the  same  primary  law' 
pains  and  penalties  for  violations  or  neglect  of  their 
duties  at  a  primary  as  they  are  or  hereafter  may  be 
subject  to  for  violations  or  neglect  of  such  duties  at 
elections.  In  all  other  respects,  officers  and  clerks  of- 
ficiating at  primaries  shall  be  subject  to  the  pains  and 
penalties  provided  by  law  for  offenses  committed  at 
primaries.  The  existing  laws  relating  to  bribery  at 
primaries,  except  as  modified  by  the  terms  of  this  act, 
shall  continue  in  force  and  shall  apply  to  bribery  at 
primaries  as  provided  by  this  act. 

Section  24.    The  invalidity  of  any  portion  of  this  act   ValIdlty  of  act- 
shall  in  no  wise  affect  the  validity  of  any  other  portion 
thereof  which  can  be  given  effect  without  such  invalid 
portion. 

Section  25.  That  the  following  acts  of  Assembly; 
namely,  an  act  of  Assembly,  entitled  "An  act  provid- 
ing a  uniform  method  of  electing  certain  party  offi- 
cers, and  delegates  to  the  State  and  National  conven- 


Penalty. 


Repeal. 


24 

tions,  and  of  making  nominations  for  certain  public  of- 
fices; providing  for  the  payment  of  the  expenses  of  the 
same;  making  certain  violations  thereof  misdemeanors, 
and  prescribing  penalties  for  the  violation  of  its  pro- 
visions," approved  the  seventeenth  day  of  February, 
Anno  Domini  one  thousand  nine  hundred  and  six,  and ; 

Repeal.  An  act  of  Assembly,  approved  the  twenty-second  day 

of  May,  Anno  Domini  one  thousand  nine  hundred  and 
seven,  entitled  "An  act  to  amend  section  twelve  of  an 
act,  entitled  'An  act  providing  a  uniform  method  of 
electing  certain  party  officers,  and  delegates  to  the 
State  and  National  conventions,  and  of  making  nomi- 
nations for  certain  public  offices;  providing  for  the 
payment  of  the  expenses  of  the  same  making  certain 
violations  thereof  misdemeanors,  and  prescribing  penal- 
ties for  the  violation  of  its  provisions,'  approved  the 
seventeenth  day  of  February,  Anno  Domini  one  thou- 
sand nine  hundred  and  six;"  and 

Repeai.  An  act  of  Assembly,  approved  the  sixth  day  of  April, 

Anno  Domini  one  thousand  nine  hundred  and  eleven, 
entitled  "An  act  to  amend  sections  two,  three,  ten,  and 
eleven  of  an  act,  entitled  'An  act  providing  a  uniform 
method  of  electing  certain  party  officers,  and  delegates 
to  the  State  and  National  conventions,  and  of  making 
nominations  for  certain  public  offices;  providing  for 
the  payment  of  the  expenses  of  the  same;  making  cer- 
tain violations  thereof  misdemeanors,  and  pre- 
scribing penalties  for  the  violation  of  its  pro- 
visions/ approved  the  seventeenth  day  of  Feb- 
ruary, Anno  Domini  one  thousand  nine  hundred  and 
six,  by  providing  for  only  one  primary  election  each 
year,  in  place  of  two;  fixing  the  time  for  holding  the 
same ;  providing  what  political  party  shall  be  entitled  to 
participate  therein,  and  what  voter  shall  be  entitled 
to  participate  in  such  primary;  fixing  the  time  for  the 
election  of  party  officers,  and  changing  time  for  the 
certifying  by  the  Secretary  of  the  Commonwealth  of  the 
computation  of  the  vote  for  State  offices;" 

And  all  other  acts  or  parts  of  acts,  inconsistent  with 
this  act,  be  and  the  same  are  hereby  repealed:  Pro- 
vided, however,  That  the  repeal  of  said  acts  shall  not 
in  any  way  interfere  with  or  affect  any  proceeding  pend- 
ing at  the  date  of  the  approval  of  this  act:  And  pro- 
vided further,  That  nothing  herein  contained  shall  re- 
peal any  act,  or  part  of  act,  providing  a  non-partisan 
method  of  nominating  or  electing  candidates  for  any 
public  office, — it  being  intended  that  any  .provisions  of 
this  act  for  the  nomination  of  candidates  for  any  such 
office  shall  be  suspended  while  such  other  act  or  part  of 
act  remains  in  force. 

This  act  shall  not  effect  any  nominations  of  candi- 


Repeal. 


25 


affSted!ions  not  dates  for  borough  and  township  offices,  which  have 
boen  made  prior  to  the  time  of  the  passage  of  this 
act. 

Approved—  The  12th  day  of  July,  A.  D.  1913. 

JOHN  K.  TENER. 

The  foregoing  is  a  true  and  correct  copy  of  the  act 
of  the  Genera]  Assembly,  No.  400. 


Secretary  of  the  Commonwealth. 


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